North Carolina Lawyers Weekly articles from February 2005

North Carolina Lawyers Weekly archives from February 2005

Appeals Court says dad's personal injury settlement funds were child support income.
February 7, 2005... Byline: Ertel Berry A trust set up for a Mecklenburg dad's personal injury settlement could be counted as part of his income for computing child support payments, the Appeals Court held Feb. 1. The state's support guidelines say that a...

U.S. Western District magistrate says insurer had no duty to defend failure to disclose home flaws.
February 7, 2005... Byline: Michael Dayton A Transylvania County couple who allegedly misrepresented the condition of their house foundation before they sold it could not call on their homeowners' insurer to defend them when the buyers sued, a U.S. Western...

Cumberland County jury awards $3 million in mammogram fall.
February 7, 2005... Byline: Ertel Berry Cumberland County jurors have awarded $2.5 million to a woman who suffered severe brain damage after falling on a hospital's hard tile floor during a mammogram. Last week, Superior Court Judge Joseph John Sr. denied...

N. Carolina Legal Community Obituaries: February 7, 2005.
February 7, 2005... Byline: North Carolina Lawyers Weekly Staff William M. Cochrane William McWhorter "Bill" Cochrane of Chapel Hill died Dec. 28. He was 88. He was born in Newton and earned his undergraduate and law degrees at the University of...

U.S. Court of Appeals 4th Circuit Case Summaries: February 7, 2005.
February 7, 2005... Byline: North Carolina Lawyers Weekly Staff Administrative Immigration - Controlled Substance - Visit to Ethiopia - Khat Possession Even though an alien with a green card returned from a visit to his native Ethiopia in possession...

U.S. District Court Western District Case Summaries: February 7, 2005.
February 7, 2005... Byline: North Carolina Lawyers Weekly Staff Insurance Homeowners & Personal Catastrophe Liability - Duty to Defend - Real Property - Home Sale - Misrepresentation - Cracked Foundation Where the defendant-sellers' alleged...

U.S. Bankruptcy Court Case Summaries: February 7, 2005.
February 7, 2005... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Real Property - Mortgages - Foreclosure - Automatic Stay - Relief - Husband's Home Even though the debtor has a right of redemption in her non-debtor husband's home, since her...

N.C. Administrative Hearings Case Summaries: February 7, 2005.
February 7, 2005... Byline: North Carolina Lawyers Weekly Staff Labor & Employment Public Employees - Termination - Unacceptable Personal Conduct - Mentally Retarded Patients - Emotional Abuse Allegation - Credibility Even though two co-workers...

Greensboro's Elon University moving forward with law school plans.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff This month, Elon University will take a critical step toward opening a law school in downtown Greensboro when three finalists for the dean's job come to campus for interviews. About 35 people...

United Way of North Carolina honors law firm with statewide award.(Brooks, Pierce, McLendon, Humphrey and Leonard)(Brief Article)
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Brooks, Pierce, McLendon, Humphrey & Leonard has received one of the United Way of North Carolina's top statewide awards the 2004 Spirit of North Carolina Award recognizing Employee Spirit in a...

Greensboro Bar's annual Business Entity CLE seminar slated for Thursday.(Choice of Business Entity -- Tax and Business Issues)(Brief Article)
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff The Greensboro Bar's annual seminar, titled "Choice of Business Entity -- Tax and Business Issues," will be held Thursday, Feb.17, from 2 p.m. to 5:15 p.m. at Starmount Forest Country Club. ...

Charlotte lawyer Cartwright Carmichael died January 1.(Cartwright Carmichael Jr.)(Brief Article)(Obituary)
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Cartwright Carmichael Jr. Charlotte lawyer Cartwright "Cart" Carmichael died Jan. 1 at age 75, Lawyers Weekly has learned. Born in Greenville, he grew up in Durham before attaining his...

Commercial real estate update from the Alliance of Tenant Representatives.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Federal Property May Produce Values The commercial real estate industry is keeping an eye on a major move by the federal government to streamline its use of office space and other property....

Verdicts & Settlements Feb. 14, 2005: Charlotte land condemnation nets $1.55M settlement.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Land condemnation Injuries alleged: Taking of .546 acres of property and dry cleaning plant in downtown Charlotte for county courthouse parking deck Name of case:...

Verdicts & Settlements Feb. 14, 2005: Wife recovers $1.525M over husband's fatal intersection crash.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Plaintiff's decedent, a 50-year-old driver for the Lance snack foods company, was killed when a tractor-trailer struck his vehicle. Injuries alleged: Death of married...

Verdicts & Settlements Feb. 14, 2005: Cumberland jury awards $3M in mammogram fall.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Ordinary negligence and premises liability Injuries alleged: Massive skull fractures, cerebral edema, subdural hematoma resulting in permanent brain damage, stroke...

Verdicts & Settlements Feb. 14, 2005: Pressure washer wins $1.6M for injuries in truck mishap.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Personal injury/pedestrian and tractor truck Injuries alleged: Broken left foot; broken left ankle; broken iliac crest; broken ribs; fractured skull; lacerated ear; hearing...

Verdicts & Settlements Feb. 14, 2005: Class action over non-kosher food claims nets $2.5M settlement.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Class action Injuries alleged: Negligence, misrepresentation, unfair and deceptive business practices and breach of contract Name of case: Schiller and Jaynes v. Flowers...

Verdicts & Settlements Feb. 14, 2005: DOT pays $1.991M for 13.06 acre condemnation near Cary.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: Land condemnation Injuries alleged: Taking of 13.06 acres of Wake County property for I-540 Outer Loop Name of case: Dept. of Transportation v. Charles Allen Overton et...

Verdicts & Settlements Feb. 14, 2005: Lender gets $2.781M treble damage award over promissory notes.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Type of action: The plaintiff alleged claims for fraud, unfair and deceptive trade practices, collection of promissory notes, breach of trust, conspiracy, action to pierce corporate veil ...

U.S. Court of Appeals 4th Circuit Case Summaries: Feb. 14, 2005.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights Property Seizure - Animal Euthanasia - Due Process A South Carolina woman has no claim against a county and a county humane society under 42 U.S.C. Sect. 1983 in connection...

U.S. District Court Eastern District Case Summaries: Feb. 14, 2005.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Voluntary Dismissal - Statute of Repose - Products Liability - Paper Shredder Even though the defendants moved for summary judgment before the plaintiffs sought a...

U.S. District Court Western District Case Summaries: Feb. 14, 2005.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Constitutional Due Process - Medical Privileges - Personal Bias - Due Process Violations - First Amendment - No Absolute/Qualified Immunity - No Federal Peer Review Standard - Invalid...

N.C. Supreme Court Case Summaries Feb. 14, 2005.
February 14, 2005... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Murder - Capital Sentencing - MAR - Ineffective Assistance of Counsel Claim - Head Injury Where (1) defense counsel fully investigated the defendant's social and...

Winston-Salem law firm raises $19,030 for tsunami victims.(Wells Jenkins Lucas and Jenkins)(Brief Article)
February 21, 2005... Byline: North Carolina Lawyers Weekly Staff The devastating tsunami in Southeast Asia has prompted one Winston-Salem law firm to take a unique approach to fund raising. Wells Jenkins Lucas & Jenkins wanted to do its part to provide...

N.C. Court of Appeals Case Summaries Feb. 21, 2005.
February 21, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Practice Attorneys' Fees - Offer of Judgment - Acceptance of Offer - No Prevailing Party Where the defendant filed an offer of judgment which the plaintiff accepted, there was no...

U.S. District Court Middle District: Case Summaries: Feb.21, 2005.
February 21, 2005... Byline: North Carolina Lawyers Weekly Staff Attorneys Tort/Negligence - Legal Malpractice - First Impression - Successor Attorney Where there is no definite allegation that the plaintiff hired her current (third) attorney to...

Federal judge rules lawyer can't seek indemnity against client's new counsel.
February 21, 2005... Byline: Ertel Berry A Greensboro lawyer who was sued for malpractice after his client was hit with a $2 million default judgment could not seek contribution from the client's first lawyer who represented her when the default was entered...

Hospital lawyers quit N. C. Bar Association over tort reform report.(North Carolina Bar Association)
February 21, 2005... Byline: Michael Dayton Upset about a task force report on tort reform, several health care lawyers have quit the North Carolina Bar Association in protest. In an unsigned memo, Raleigh lawyer and North Carolina Hospital Association...

Divided court tosses injury suit against speeding officer.
February 21, 2005... Byline: Ertel Berry A pedestrian who was run over by a Durham police officer speeding to answer another officer's repeated call for backup failed to prove gross negligence, the Court of Appeals held Feb. 15. In a 2-1 opinion, the panel...

Commentary: The Write Advice.(legal writing)
February 21, 2005... Byline: Christy Hall Benson, CLA Good writing is essential in order to achieve success in the legal profession. With every memo, pleading, letter or e-mail, your firm or company's reputation is on the line. One typo-prone attorney in...

U.S. Court of Appeals 4th Circuit Case Summaries: Feb. 21, 2005.
February 21, 2005... Byline: North Carolina Lawyers Weekly Staff Civil Rights Education - IDEA - Autistic Student - Private School Placement Even though a Virginia federal district court owes deference to the professional opinions of local educators on...

N.C. Supreme Court: Out-of-precinct voting not allowed.
February 21, 2005... Byline: North Carolina Lawyers Weekly Staff Elections Provisional Ballots - Out-of- Precinct Voting - Impermissible Where G.S. 163-82.15(e) requires that, when a voter appears at the wrong polling place, election officials assist...

Court of Appeals tosses slip-and-fall award against Food Lion.
February 28, 2005... Byline: Ertel Berry The Court of Appeals has reversed a $50,000 jury verdict for a 67-year-old woman who tore up her shoulder after slipping on a puddle of detergent at a Durham Food Lion. The unpublished decision adds another fact...

N.C. Supreme Court Library poised to reopen in temporary space.
February 28, 2005... Byline: North Carolina Lawyers Weekly Staff How do you move a library? The N.C. Supreme Court library staff was faced with that question in early January as renovations to the Justice Building got under way. The move of 140,000 volumes...

North Carolina's Vandeventer Black LLP opens law office in Germany.(Brief Article)
February 28, 2005... Byline: North Carolina Lawyers Weekly Staff Vandeventer Black LLP recently announced that the firm has opened an office in Hamburg, Germany. The firm has other offices in Raleigh, Kitty Hawk, Manteo, Norfolk and Richmond, according to a...

N.C. Supreme Court research assistant killed in auto accident.
February 28, 2005... Byline: North Carolina Lawyers Weekly Staff An auto accident last Monday afternoon claimed the life of lawyer Clyde Alexander "Trey" Cheek III, a research assistant for the N.C. Supreme Court. Cheek, who was serving as a law clerk for...

Commentary: Charlotte lawyer questions statement made by N.C. Bar Assn. atty.(Letter to the Editor)
February 28, 2005... Byline: Letter to the Editor To the editor: I would like to comment on a statement made by William Pully and quoted in your story (see "Hospital Lawyers Quit NCBA Over Tort Reform Report," Feb. 21, 2005 Lawyers Weekly). Mr. Pully...

Raleigh atty. is vocal critic of Hoke/Graves hearing.(Bradley Bannon )(Interview)
February 28, 2005... Byline: North Carolina Lawyers Weekly Staff Raleigh attorney Bradley Bannon has been one of the more vocal critics of how the Bar handled the prosecution of David Hoke and Debra Graves. A criminal defense attorney and 1997 Campbell law...

Durham lawyer Marshall Turner Spears Jr. passes away.
February 28, 2005... Byline: North Carolina Lawyers Weekly Staff Durham lawyer Marshall Turner Spears Jr. died Dec. 20, 2004 at age 78, Lawyers Weekly has learned. Born in Durham to the late Judge and Mrs. Marshall T. Spears Sr., he went into the Naval...

U.S. Court of Appeals 4th Circuit Case Summaries: February 28, 2005.
February 28, 2005... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Habeas Corpus - Death Penalty - Mental Retardation - Va. Law A district court erred in denying a habeas petition filed by a Virginia death-row defendant who has alleged...

U.S. District Court Eastern District Case Summaries: February 28, 2005.
February 28, 2005... Byline: North Carolina Lawyers Weekly Staff Contract Consideration - Lawsuit Threat - Forbearance - Meeting of Minds - English Law Even though the defendant signed a Mar. 2, 2001 document agreeing to pay the plaintiff half of the...

NC Court of Appeals Unpublished Case Summaries: February 28, 2005.
February 28, 2005... Byline: North Carolina Lawyers Weekly Staff Attorneys Fees - Tort/Negligence - Personal Injury - Washington Factors Even though the trial court made no findings regarding whether the defendant unjustly exercised "superior...

Proposed N.C. State Bar Ethics Opinions: February 28, 2005.
February 28, 2005... Byline: North Carolina Lawyers Weekly Staff Proposed State Bar Ethics Opinions These opinions were approved for publication by the State Bar council at its January meeting. Following a period of public comment, they could come up for a...

Commentary: How HIPAA affects your estate planning documents.(Health Insurance Portability and Accountability Act)
February 28, 2005... Byline: Laura Urich On April 14, 2003, the regulations issued by the U.S. Department of Health and Human Services under HIPAA, the Health Insurance Portability and Accountability Act of 1996 became effective. These regulations, generally...